Hello folks,
I've been pretty active on the cross chargeability thread: http://boards.immigrationportal.com/showthread.php?t=189753&highlight=cross+chargeability, but this is a more general question around the FBI name check process.
I'm trying to determine how the process actually works between a primary applicant and a beneficiary on the 485 petitions.
My wife and I have filed for AOS back in April 2006. I am the primary applicant and she's the derivative.
In late December, I took an Infopass appointment to find out about the status of our pending 485s, especially to know if our FBI name checks have been cleared.
At the Infopass, the Officer told me that my wife's name check had been cleared, while I was still pending. He also proceeded to mention that USCIS used to wait on adjudication of both cases until both name check results were cleared, but they aren't doing that anymore. He said that if one of the name checks is cleared, they go ahead and process both 485 petitions. That didn't quite make sense to me, but regardless, based on his suggestion, I sent a note to the VSC reminding them that our visa dates are available. No surprise that I haven't gotten any word back from the VSC based on my letter.
Anyway. I called VSC using the POJ method last week and spoke to a very helpful lady there. She proceeded to tell me that both cases remain unadjudicated with the reason stated as pending name checks. She also said that the Infopass officer was incorrect and that both name checks have to be cleared for the petitions to be adjudicated.
That being said, I see several posts on this forum and elsewhere regarding one spouse being approved, while the other was still pending due to name checks.
Now, does anyone know if this applies only to instances where the primary petitioner is cleared as far as name check and then approved, while the spouse is pending?
Any further information would be appreciated.
Regards & good luck to all.
I've been pretty active on the cross chargeability thread: http://boards.immigrationportal.com/showthread.php?t=189753&highlight=cross+chargeability, but this is a more general question around the FBI name check process.
I'm trying to determine how the process actually works between a primary applicant and a beneficiary on the 485 petitions.
My wife and I have filed for AOS back in April 2006. I am the primary applicant and she's the derivative.
In late December, I took an Infopass appointment to find out about the status of our pending 485s, especially to know if our FBI name checks have been cleared.
At the Infopass, the Officer told me that my wife's name check had been cleared, while I was still pending. He also proceeded to mention that USCIS used to wait on adjudication of both cases until both name check results were cleared, but they aren't doing that anymore. He said that if one of the name checks is cleared, they go ahead and process both 485 petitions. That didn't quite make sense to me, but regardless, based on his suggestion, I sent a note to the VSC reminding them that our visa dates are available. No surprise that I haven't gotten any word back from the VSC based on my letter.
Anyway. I called VSC using the POJ method last week and spoke to a very helpful lady there. She proceeded to tell me that both cases remain unadjudicated with the reason stated as pending name checks. She also said that the Infopass officer was incorrect and that both name checks have to be cleared for the petitions to be adjudicated.
That being said, I see several posts on this forum and elsewhere regarding one spouse being approved, while the other was still pending due to name checks.
Now, does anyone know if this applies only to instances where the primary petitioner is cleared as far as name check and then approved, while the spouse is pending?
Any further information would be appreciated.
Regards & good luck to all.